Capitulation (treaty)

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Kingdom of Spain in 1492.[1]

A capitulation is a treaty or unilateral contract by which a sovereign state relinquishes jurisdiction within its borders over the subjects of a foreign state. As a result, the foreign subjects are immune, for most civil and criminal purposes, from actions by courts and other governmental institutions in the state that makes the capitulation.[2]

The term capitulation is derived from the Latin word caput.[3]

Historical examples

Medieval capitulations

In the

foreigners resident in the territories of the Ottoman Empire were subjected to the laws of their respective countries.[4]

In the 9th century CE, the

Byzantine Emperors followed this example, and subsequently Genoa, Pisa, and Venice all obtained capitulations from the Byzantine Empire.[5]

The explanation of the practice is to be found in the fact that the sovereignty of the state was held in those ages to apply only to its subjects; foreigners were excluded from its rights and obligations. The privilege of citizenship was considered too precious to be extended to the alien, who was long practically an outlaw. But when the numbers, wealth, and power of foreigners residing within the state became too great, it was found to be politic to subject them to some law, and it was held that this law should be their own. When the Ottoman rule was substituted for that of the Byzantine Emperors, the system already in existence was continued; the various Non-Muslim peoples were allowed their semi-autonomy in matters affecting their personal status, and the Genoese inhabitants of Galata were confirmed in their privileges.[5]

Letter of Suleiman the Magnificent to Francis I of France regarding the protection of Christians in his states. September 1528. Archives Nationales, Paris, France.

The first capitulation concluded between the Ottoman Empire and a foreign state was that of 1535, granted to the

French law, and the consuls may appeal to the officers of the sultan for their aid in the execution of their sentences.[5] This, the first of the capitulations, can be seen as the prototype of its successors.[5] Five years later, similar capitulations were concluded between the Ottoman Empire and the Republic of Venice, and most other European powers, and eventually the United States, followed suit. Initially the treaties were only with the then-current sultan, but over time they were extended indefinitely.[5]

Intra-European capitulations

The treaty of 1641 between the

Commonwealth of England, Scotland and Ireland, continued the commercial treaty policy partly in order to obtain a formal recognition of the Commonwealth from foreign powers. His treaty of 1654 with the Swedish Empire contains the first reciprocal most favoured nation clause: Article IV provides that the people, subjects and inhabitants of either confederate shall have and possess in the countries, lands, dominions, and kingdoms of the other as full and ample privileges, and as many exemptions, immunities, and liberties, as any foreigner doth or shall possess in the dominions and kingdoms of the said confederate. The government of the Stuart Restoration
replaced and enlarged the Protectorate arrangements by fresh agreements. The general policy of the Commonwealth was maintained, with further provisions on behalf of colonial trade. In the new treaty of 1661 with the Swedish Empire, the privileges secured were those that any foreigner should enjoy in the dominions and kingdoms on both sides.

Swiss capitulations

The extensive employment of

See also

Notes and references

  1. ^ MEMORY OF THE WORLD REGISTER – Santa Fe Capitulations. Ref N̊ 2006-42[permanent dead link] Discussion of the historical significance of the document, history, translation of text.
  2. ^ Chisholm 1911a.
  3. ^ The Low-Latin diminutive of caput is capitulum, as indicating the form in which these acts were set down in chapters; the Greek equivalent, cephaleosis, is occasionally used in works of the 17th century.[citation needed]
  4. ^  One or more of the preceding sentences incorporates text from a publication now in the public domainChisholm, Hugh, ed. (1911a). "Capitulation". Encyclopædia Britannica. Vol. 5 (11th ed.). Cambridge University Press. p. 283.
  5. ^ a b c d e f g  One or more of the preceding sentences incorporates text from a publication now in the public domainChisholm, Hugh, ed. (1911b). "Capitulations". Encyclopædia Britannica. Vol. 5 (11th ed.). Cambridge University Press. pp. 283–284.
  6. ^ .
  7. .